49-171. Definitions In this article, unless the context otherwise requires: 1. " Characterization" means a process to determine the nature, degree and extent of contaminants at a site or a portion of a site. 2. " Contaminant" means any substance that has been released to the environment and that qualifies as any of the following: […]
49-172. Applicability A. Except as provided in subsection B of this section, any person may request the department to review and approve work to be performed or already performed that addresses or has addressed a release of a contaminant to the environment by submitting an application to participate in the voluntary remediation program established by […]
49-173. Application requirements A. Each application to participate in a voluntary remediation program shall contain the following information: 1. The name and address of the person filing the application and the nature of the relationship of the person to the site, if any. 2. A description of the location and boundaries of the site or […]
49-174. Application review and approval A. After receipt of an application submitted pursuant to section 49-173, the department shall promptly review the application and approve, deny or request modifications to determine the applicant s eligibility to participate in the voluntary remediation program established by this article. An applicant is eligible to participate if the application […]
49-175. Work plans A. A work plan to address a release of a contaminant to the environment shall include the following: 1. A summary of existing information on site characterization, including references to known site characterization and assessment information and information regarding any remediation previously conducted at the site or portion of the site. The […]
49-176. Community involvement requirements A. A work plan submitted pursuant to section 49-175 shall include a plan to provide to the public reasonable notice and information regarding the remediation. A report submitted pursuant to section 49-181 shall describe the activities previously undertaken to notify the public of the remediation. Plans and activities undertaken after the […]
49-177. Work plan review and approval A. After receipt of a work plan submitted pursuant to section 49-175, the department shall expeditiously review, approve, deny or request modifications to the work plan. The department shall notify the applicant in writing of any deficiencies in the work plan or modifications necessary for approval. B. The department […]
49-178. Termination and withdrawal A. An applicant may withdraw from the voluntary remediation program at any time. B. After complying with subsection C of this section, the department may terminate an applicant s participation in the voluntary remediation program if the applicant does any of the following: 1. Fails to submit a work plan pursuant […]
49-179. Application fees; reimbursement of costs of review A. Each application submitted under section 49-173 shall be accompanied by a nonrefundable fee to be established by rule. B. An applicant shall reimburse the department for the reasonable and necessary costs of actions taken by the department pursuant to this section and sections 49-173 through 49-178, […]
49-180. Modification of work plan A. An applicant may propose a modification to a work plan at any time by submitting an amended work plan or portions of the work plan. Sections 49-175 and 49-177, as applicable, govern the amended work plan. B. Based upon the progress reports submitted by the applicant, the department may […]
49-181. Requests for no further action determination A. Upon achieving the remediation levels and controls determined pursuant to section 49-175, subsection B, an applicant approved pursuant to section 49-174 may request the department to provide a determination that no further action is needed for a site or portion of a site by submitting a report […]
49-182. Approval of remediations for cost recovery Any work necessary to conduct remediation pursuant to this article may qualify as a remedial action for purposes of section 49-285. Any person may submit a request to the department for approval of a remedial action for purposes of section 49-285 by filing an application in accordance with […]
49-183. Insurance Insurance coverage shall not be denied an insured solely on the basis of the insured’s participation in the voluntary remediation program pursuant to this article or chapter 2, article 5 of this title.
49-184. Reservation of rights A. Nothing in this article may be construed to abridge or alter any right a person may have to engage in remedial action pursuant to other provisions of this title or any other provisions of statutory or common law. B. Nothing in this article may be construed to abridge or alter […]
49-185. Appeals and dispute resolution A. Under this article, only the denial or rescission of a no further action determination is an appealable agency action as defined in section 41-1092, a contested case as defined in section 41-1001, or an action against a party as defined in section 41-1092.12. B. In a dispute concerning an […]
49-186. Rules; no licensing A. The department shall adopt rules as necessary to implement section 49-179. The adoption of rules under this section is not a prerequisite for implementation of this article. B. Title 41, chapter 6, article 7.1 and section 41-1009 do not apply to this article.
49-187. Voluntary remediation fund A. The voluntary remediation fund is established. The director shall administer the fund. The fund consists of monies from the following sources: 1. Fees collected pursuant to section 49-179. 2. Costs reimbursed to the department pursuant to section 49-179. 3. Gifts, grants and donations. 4. Legislative appropriations. 5. Until July 1, […]
49-188. Department access to private property A representative of the department who enters private property pursuant to this article or pursuant to an agreement entered into pursuant to this article shall: 1. On entry of the premises, present photographic identification and state the purpose for the inspection. 2. Allow an authorized representative of the owner […]
